Gujarat Court July 2000 Judgments
Rameshchandra Shamjibhai Raniga Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-18-2000
Reported in: (2000)4GLR1
D.M. Dharmadhikari, C.J.1. The order in this Special Civil Application shall also decide the connected matters in which common questions of law have been raised.2. The petitioners question the constitutional validity of Section 3(1)(a) and Section 4 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (Hereinafter referred to as `the Repealing Act, 1999').3. The Repealing Act, 1999 is enacted by the Parliament on 22-3-1999 wherein by Section 2, the Urban Land (Ceiling and Regulation) Act, 1976 has been repealed.4. The Urban Land (Ceiling and Regulation) Act, 1976 shall hereinafter be referred to as the `Repealed Act, 1976'.5. For the purpose of considering the several grounds urged on behalf of the petitioners in assailing the provisions of the Repealing Act, 1999, it is necessary to examine the scheme of the relevant provisions of the Repealed Act, 1976.6. The preamble contains the Objects and Reasons for enacting and enforcing the Repealed Act, 1976 and the said preamble reads...
Tag this Judgment!Lucious S. Christian Vs. Union of India and ors.
Court: Gujarat
Decided on: Jul-17-2000
Reported in: (2001)1GLR668
R.M. Doshit, J.1. Heard the learned Advocates.2. The petitioner before this Court is a former employee of the Life Insurance Corporation of India, the respondent No. 2 herein (hereinafter referred to as 'the Corporation'). The petitioner was appointed as a Typist in Class-Ill service of the Corporation on 1st June, 1971. In the year 1994, the petitioner applied for leave with a view to going abroad. His application for leave from 7th November, 1994 to 4th February, 1995 was sanctioned. However, on expiry of the period of leave, the petitioner did not report for duty and remained absent from duty without leave. On 24th May, 1995 a notice was issued upon the petitioner to show cause why disciplinary action should not be commenced against him. In response to the said show-cause notice on 10th June, 1995, the petitioner tendered a letter of resignation. Under order dated 14th November, 1995, the said letter of resignation was accepted and was made effective from 11th July, 1995. It is undi...
Tag this Judgment!Vinodbhai Shivabhai Vs. Employees' State Insurance Corporation
Court: Gujarat
Decided on: Jul-17-2000
Reported in: 2001ACJ1844; [2001(91)FLR98]; (2000)3GLR2095; (2001)ILLJ34Guj
M.S. Parikh, J. 1. This appeal under Section 82 of the Employees' State Insurance Act, 1948 (for short the E.S.I. Act) has been directed against impugned judgment and order dated October 18, 1996 rendered by the E.I. Court, Ahmedabad in Second Appeal No. 78 of 1995. 2. It is not in dispute that the appellant was on duty as a Cotton Feeder when he sustained employment injury to his right hand resulting into amputation upto the shoulder joint. The E.I. Court awarded 90% disability, whereas the appellant claimed 100% disability. The stages prior to the decision of the Insurance Court would indicate that the Medical Board assessed 80% disability. Dealing with this aspect of the matter, the E.I. Court laid stress on the fact that the appellant's right hand was amputated from below the shoulder, and therefore, it would mean as if the appellant had lost whole of his right hand. He, therefore, referred to Item No. 7 of Schedule No. II where 90% disability has been laid down when one hand is lo...
Tag this Judgment!Halar Utkarsh Samiti Through Prakash H. Doshi Vs. State of Gujarat Thr ...
Court: Gujarat
Decided on: Jul-13-2000
Reported in: (2001)2GLR964
ORDER: Delay condoned. Heard. The special leave petitions are dismissed.' (v) Special Civil Application No. 7372 of 1999 was then filed by Halar Utkarsha Samiti against B.O.R.L. by way of Public Interest Litigation challenging the action/proposed action on the part of the respondents allowing setting up a huge pipeline through the declared Marine Sanctuary and a mandamus was sought for setting aside the decision which was about to be taken by the respondent No. 1 to permit B.O.R.L. to lay the pipeline as per the modified Route 2A passing through the reserved forest and Marine Sanctuary in the Gulf of Kachchh. This Special Civil Application was decided by the Division Bench (Coram: R. K. Abichandani & D. H. Waghela, JJ.) on 10th December, 1999 (page Nos. 48 to 61 of the paper as Annexure-A4 in Special Civil Application No. 1778 of 2000). Paras14. 15, 17 and 19 of this judgment arc reproduced as under : '14. The contention on behalf of the petitioners is that there will not be any scop...
Tag this Judgment!Atul Limited Vs. Commissioner
Court: Gujarat
Decided on: Jul-12-2000
Reported in: 2005(188)ELT21(Guj); (2001)GLR36
B.C. Patel, J.1. Rule. Mr. Mukesh R. Shah waives service of rule for the respondents.2. The petitioner in each of the matters has brought to our notice following facts :-There were 51 Adjudication Orders in all the three matters and on different dates, the amount by way of pre-deposit came to be deposited. In all the cases, decisions have been rendered by the Commissioner (Appeals) in favour of the petitioner and thus, the petitioner is entitled to get the refund of the amount deposited by way of pre-deposit.3. So far as Special Civil Application No.6020 of 2000 is concerned, the order is made by the Commissioner on 11th May, 1999. Thereafter, the petitioner preferred claim for refund on or about 10th July, 1999. Against the order passed by the Commissioner, no doubt, appeal has been preferred by the Revenue. However, no stay application has been submitted and thus, the order passed by the Commissioner is not stayed by the Tribunal and, therefore, under the order passed by the Commissi...
Tag this Judgment!Vadodara City District Samasth Mali Samaj Panch Vs. State of Gujarat
Court: Gujarat
Decided on: Jul-12-2000
Reported in: 2001CriLJ184
M.S. Shah, J.1. In this petition under Article 226 of the Constitution, the petitioners have prayed for a writ, order or direction to restrain the respondent authorities from making any arrest against the members of the Mali Community on the ground of sacrificing goats and other animals within the residential premises of the petitioner members and also to restrain the respondent authorities from interfering with sacrificing of goats and other animals by the petitioners in the interest of justice and equity. The petition is filed by Vadodara City District Samasth Mali Samaj Panch and its office bearers (hereinafter referred as the petitioner-community).2. The documents at Annexure 'A' colly. are criminal complaints filed against some members of the petitioner community alleging that the concerned accused persons were going to sacrifice goats in contravention of the provisions of the Prevention of Cruelty to Animals Act, 1960 and also in contravention of the provisions of the Gujarat Ani...
Tag this Judgment!Oil and Natural Gas Commission Vs. M.B. Patel and Co.
Court: Gujarat
Decided on: Jul-11-2000
Reported in: (2001)1GLR117
D.C. Srivastava, J. 1. This is an Appeal against the Judgment and Decree dated 30-9-1985 of Civil judge (S.D.), Vadodara, making the Award submitted by the Umpire as Rule of the Court and directing the Decree to be drawn in terms of the Award together with interest at the rate of 6% p. a., from the date of Decree till realisation.2. Brief facts giving rise to this Appeal are as under : The appellant-Oil & Natural Gas Commission (for short 'O.N.G.C.') invited tenders for reconditioning work of Ankleshwar-Koyali Crude Oil Pipeline and Ankleshwar-Vadodara Gas Pipelines. After negotiation the tender of the respondent was accepted and he was telegraphically informed. A letter was also issued on 10th December, 1982. Agreement was entered into 'between the parties and the terms of Agreement were reduced in writing which were signed by both the parties. There were various terms of contract for achieving minimum progress of work and in case of default, provision for penalty was provided. It was...
Tag this Judgment!Gujarat State Road Transport Corporation Vs. Kay Orr Brothers and ors.
Court: Gujarat
Decided on: Jul-11-2000
Reported in: AIR2000Guj313; (2000)3GLR2378
M.S. Parikh, J.1. This appeal is by the original plaintiff, Gujarat State Road Transport Corporation (hereinafter referred to as 'the plaintiff), who filed Civil Suit No. 3633 of 1975 against the respondents who were the defendants in the suit to recover Rs. 24,921-57 ps. as damages on the ground of breach of contract alleged to have been committed by the defendants. It has been alleged that the defendant Nos. 2 and 3 are the partners of defendant No. 1 firm. Upon recording of the evidence of the plaintiff learned Principal Judge of the City Civil Court at Ahmedabad by his impugned judgment and decree dated 6-8-1979 dismissed the plaintiffs suit. The plaintiff has, therefore, preferred this appeal against the said judgment and decree of dismissal of its suit.2. The plaintiff proceeded before the trial Court with the case that the plaintiff invited offers for Hard Chrome Plating Tank and the 1st defendant offered to supply the same. Upon the acceptance of the offer and as per the terms ...
Tag this Judgment!Commissioner of Income Tax Vs. Kaira Dist. Co-op. Milk Producers Union ...
Court: Gujarat
Decided on: Jul-11-2000
Reported in: (2001)165CTR(Guj)57
R.K. Abichandani, J.The Tribunal, Ahmedabad Bench 'C', has referred the following three questions for the opinion of this court under section 256(1) of the Income Tax Act, 1961.'Whether, the assessee's claim for deduction in respect of contribution to Gujarat Rajya Co-operative Education Fund was allowable ?''Whether, the Tribunal is right in confirming the decision of the Commissioner (Appeals) allowing the depreciation on road ?'3. 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that cost price of milk powder and soya flour received by the Union from the UNICEF free of charge is not deductible in computation of total income ?'2. The relevant assessment years are 1976-77, 1977-78 and 1978-79. The assessee is a co-operative society engaged in the marketing of milk and milk products. It had claimed for deduction, the contribution to Gujarat Rajya Co-operative Education Fund. The Tribunal held that the assessee's said claim, which is ...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Vidyutkumar Shantilal Shah and anr.
Court: Gujarat
Decided on: Jul-10-2000
Reported in: 2001ACJ1754; (2001)1GLR238
D.C. Srivastava, J. 1. The New India Assurance Co. Ltd., appellant has filed this appeal against the award dated 28-3-1988 rendered by the Motor Accident Claims Tribunal, Ahmedabad.2. Brief facts are that the applicant respondent No. 1 was walking on foot on the road from Paldi to Kocharab Ashram on 10-12-1983. The respondent No. 2 was driving his auto-rickshaw and was coming from behind. He was allegedly driving the auto-rickshaw rashly and in a negligent manner. He knocked down respondent No. 1 from behind as a result of which, he sustained serious injuries. The injured was taken to the hospital of Dr. Suman Shah. He filed the claim petition and claimed compensation of Rs. 3,50,000/-. The Tribunal, however, allowed the petition partly and awarded compensation of Rs. 2,95,000/- with 12% per annum interest from the date of the application till payment with proportionate costs.3. In this appeal, a short point is involved for determination. Shri Rajni H. Mehta, learned Counsel for the ap...
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